Fixing Construction during Condo Conversion process?

[esguardian]

-Pennsylvania, I am wondering if there is any by-laws in place that govern the Property Management Company (PM) to fix all construction to current codes prior to condo conversion

In 2006 our complex was converted from apartments to Individual condo units. The property management company purchased most or all of the units and then began selling them. They did some work in all the units, but did not update our balconies to current code. I purchased in 2009, I had an inspector who noted that the deck/balcony was in really bad shape and would need to be replaced. I spoke to my sales agent, who assured me the PM company would be addressing these issues, but they just needed to sell the remainder of the units. 3 years later, the deck stands and has not been replaced. Our board recently decided to do a capital reserve study and in the engineers report, noted that the decks, were in really bad shape and are deemed unsafe. We received a letter stating not to use them and they would be addressed shortly. Since this is considered a limited common element under Condo law, unit owners are responsible for maintenance and repair.

 

[esguardian]

27 reads and 0 responses! any takers?

 

[festival]

Okay, I'm not an attorney and not from Penna, and this is mixed up, but I like a good challenge.

What does it say about the balcony in your contract to buy the condo? Did you have an attorney, and did the attorney take the results of the inspector's report, and put them into the contract to be fixed? Sellers usually fix problems before, not after, units are sold. You have a real beef with your sales agent.

Also look at your declaration of condominium. There is often a warranty on construction or the equivalent for a conversion. The time for the warranty may have expired. Did you bring it to the seller's attention at the start of this?

PA law title 68 chapter 34, section 3411 is titled Warranty against structural defects. This may help you, although it has a two year limit. Again, if you brought it up earlier, that may help you.

Limited common elements are common elements that are the responsibility of the association to repair, unless these limited common elements are specifically made the responsibility of the unit owner. Have you verified that your declaration states you are responsible for all aspects of the balcony including structure and replacement?

PA has laws for condos, conversions, and transition from declarant control. These laws have protections for this type of thing. Google Title 68, for example.

There are probably very few laws for property management companies. They are just the hired help that is hired by the board. However, if this company was the seller, the converter, or the declarant, then there are definitely laws. You have to separate the different legal entities and the roles they played in this. So for example, the declarant is critically important. The current management company not so much. Hopefully the management company has not penetrated the board.

 

[esguardian]

Thank you

Yes, I checked out Warranty against structural defects - 68 Pa. Cons. Stat. § 3411 as well and read that. The way our docs read, the decks are considered limited common elements and are of the responsibility of unit owners. The property mgmt company bought the units converted them and then sold them.

I guess I was looking to see if there were laws in place that specifically stated the company that acquires the units should fix prior to conversion. I can't seem to find that out through title 68, so im leaning that no laws exist.

yet I wonder if prior to conversion the units were inspected and did they pass inspection? still 7 years later, its kind of hard to believe that a deck is deemed unsafe in that short amount of time.

and by the way thank you for your reply.

 

[festival]

Section 3411 refers to 3404 (and 3402), which requires the declarant to make a statement of public offering. This statement has to contain the report of an architect or engineer, visual inspection, description of condition, expected useful life of each item, etc. Your management company should be the declarant, since they converted the units. I think this is the law you are looking for. You must have been given a copy of the statement of public offering? I wonder what it says about the balconies.

 

[esguardian]

Considered Good Condition

As stated in the public offering statement from the Engineers report (2005): "The balconies are wood framed as previously noted. The townhouse balconies are made of board decking.

Observations: Generally the balconies and guardrails appeared to be in good condition requiring only routine maintenance. However there were limited instances where the plywood balcony deck was deteriorating.

My comments: No where in the report does it mention the average remaining useful life of the decks. I just find it hard to believe that in 2005 the decks are in good condition but 7 years later they are deemed unsafe and a hazzard and need to be replaced at the owner expense.

Thanks for letting me vent, guess I have to pony up the money and shut my mouth at this point.